International Warranty & Terms of Sale

I. New Product Warranty: Bellatrix Systems, Inc. (Bellatrix) warrants its ST-215 & ST-511 WIZARD products to be free of manufacturing defects for one (1) year after the original date of delivery. Bellatrix warrants new IMPACT newsracks to be free of manufacturing defects for thirty days (30) from date of delivery. No warranty liability shall arise from damage to or failure of the product due to neglect, accident, misuse, improper installation, operation, unauthorized repair or alteration, act of God, vandalism or illegal act.

a) All models of Wands must be utilized with the holsters and lanyards provided; failure to do so shall invalidate this warranty.
b) Warranty claims shall be in writing, delivered to Bellatrix within 30 days of notice or knowledge by Customer of the existence of any claimed defect, and in all events within the above mentioned warranty period, otherwise Bellatrix shall incur no liability.
c) If the product should become defective during the warranty period, Bellatrix will repair the product, or at its option, elect to replace it free of charge. As a condition of warranty coverage, the product on any warranty claim shall be delivered prepaid to Bellatrix at its facilities at Bend, Oregon, or such other location as may be designated by Bellatrix. Bellatrix shall not be liable for any cost of removal or reinstallation pertaining to the defective WIZARD product or battery, and such cost, if any, shall be borne exclusively by the Customer.
d) Lithium D cell Batteries with new WIZARD products are warranted to operate the new WIZARD mechanisms for a period of one (1) year. In the event of a battery failure, Bellatrix may replace the battery under warranty and Customer shall pay a pre-calculated share of the replacement cost. All other batteries provided by Bellatrix shall rely solely on the manufacturers’ warranty, if any. Bellatrix shall not be liable for any cost of removal or installation of any defective battery, and such costs, if any, shall be borne exclusively by Customer.
e) Bellatrix disclaims any warranty for products purchased though Bellatrix but not manufactured by them, and sells such goods ‘as is’. Customer shall rely upon the warranty, if any, expressly provided by the manufacturer of goods.
f) Bellatrix makes no other warranties with reference to goods sold, express or implied, and makes no warranty of merchantability or of fitness for a particular purpose.
g) Bellatrix’s liability shall be limited to repair or replacement of defective goods as above stated, and in no event shall Bellatrix be liable for any direct, indirect, special, incidental, consequential, or punitive damages or damages for delay. The remedies set forth in this instrument are exclusive, and the liability of Bellatrix with respect to any contract of sale or anything done in connection therewith, whether in contract, in tort, under any warranty, or otherwise, shall not exceed the price of the equipment or part on which liability is based.

II. Shipment: All orders are shipped F.O.B. Bend, Oregon except IMPACT newsracks which are shipped F.O.B. factory or designated warehouse location. Title to goods sold pursuant to this agreement passes to Customer upon delivery by Bellatrix to a carrier, at which time risk of loss or damage passes to the Customer. Duty or transport taxes or fees are responsibility of Customer.

III. Payment: A deposit of one third (1/3) of the purchase price is required to be submitted to Bellatrix within ten (10) days from the date of execution of the order by the Customer, with the balance due (2/3) prior to the date of shipment. Payment shall be in US funds. Bellatrix retains a purchase money security interest in all goods and proceeds until payment is made and cleared, pursuant to ORS 79.0103. In the event of legal action, including court ordered arbitration proceedings, the prevailing party shall be entitled to an award of reasonable attorney fees to be fixed by the arbitrator or court, including in proceedings under title 11 United States Code (Bankruptcy).

IV. Orders: Bellatrix’s acceptance of this order is expressly conditioned upon Customers assent to these terms and conditions of sale, and may not be altered in any manner in the formation of the contract between the parties. Acceptance of this order may be made only by an officer or manager of Bellatrix. This writing comprises the full and complete expression of the agreement of the parties, and there are no other prior or contemporaneous agreements, promises, or representations, whether written or oral.

V. Order Cancellation Policy: In the event that a Customer deems it necessary to cancel an order that has been accepted by Bellatrix, a Cancellation Fee in the amount of 10% of the order dollar value will be charged on non-IMPACT orders.

VI. IMPACT Non-cancelable Order Policy: IMPACT orders are non-cancelable and non-returnable once the Customer has confirmed the accuracy of the order by signing and dating the appropriate IMPACT Order Form.

VII. Parts and Repair Service Warranty: Bellatrix warrants repair service products to be free of manufacturing defects for thirty days (30) after completion of the repair. Bellatrix warrants new parts to be free of manufacturing defects for thirty days (30) after purchase.

This agreement is to be construed under and the respective rights of the parties are to be determined according to the laws of the State of Oregon, and each party submits to the exclusive jurisdiction of the State of Oregon, and to venue in Deschutes County, Oregon. These Terms and Conditions of sale shall apply to goods manufactured on and after January 1, 2012. Conflicting terms in Purchase Orders or other documentation shall not vary or supersede the terms and conditions contained herein.